E.M. et al v. New York City Department Of Education, et al
| E.M. and J.M. |
| New York City Department Of Education, and Carmen Farina |
| 1:2015cv01895 |
| March 12, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Vernon S. Broderick |
| Review or Appeal of Agency Decision |
| 29 U.S.C. ยง 0794 |
| None |
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Filing
27
OPINION re: (17 in 1:15-cv-01895-TPG) MOTION for Summary Judgment filed by J.M., E.M., (21 in 1:15-cv-01898-TPG) CROSS MOTION for Summary Judgment filed by New York City Department Of Education, Carmen Farina, (20 in 1:15-cv-01895-T PG) CROSS MOTION for Summary Judgment filed by New York City Department Of Education, Carmen Farina, (18 in 1:15-cv-01898-TPG) MOTION for Summary Judgment filed by J.M., E.M. For the reasons discussed above, for both the 2011-12 sch ool year and the 2012-13 school year, plaintiffs' motion for summary judgment is granted and defendants' motion for summary judgment is denied. The Court orders defendants to reimburse M.M.'s Cooke tuition and paraprofessional costs fo r the 2011-12 school year and 2012-13 school year. Additionally, pursuant to 20 U.S.C. §1415(i)(3)(B), the Court may award reasonable attorneys' fees and costs to plaintiffs. The Court directs the parties to confer regarding attorneys' ; fees in an effort to reach an agreement. If the parties are unable to agree, they shall submit a proposed briefing schedule on the issue for the Court's approval. This opinion resolves the motions listed at docket numbers 17 and 20 for case n umber 15-cv-01895, and docket numbers 18 and 21 for case number 15-cv-01898. The Clerk of Court is directed to terminate these motions and close both cases. (As further set forth in this Order.) (Signed by Judge Thomas P. Griesa on 9/30/2016) (kko)
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